Employee and Employer Contributions
401(k) plans consist of two primary types of contributions: amounts the employee voluntarily contributes from their paycheck, and employer matching or discretionary contributions added by the plan sponsor. The QDRO must clearly define whether it divides all contributions or just a portion. If the divorce occurred while the employee was actively contributing to the plan, make sure to address:
- Pre-divorce contributions vs. post-divorce contributions
- Whether employer matches are included
- What valuation date should be used to determine the account amounts

